Florida Homicide Cases (Part 2)
In a murder trial, our Criminal Lawyers in Broward may attempt to establish either that murder was not committed by them, there were special circumstances that resulted in the death of the individual concerned, or that the penalty being sought by the prosecution does not fit the crime. Intentional killing of a human being in an unlawful manner is legally defined as murder. However, a case of murder is quite complex and murder charges are further divided into different degrees of felony offenses in Florida, and other types of murder charges. The categorization will depend on the circumstances of each case, and defenses will be built accordingly. – South Florida homicide defense attorneyEstablishing that the Defendant is Not the Murderer: Explained By Florida homicide defense attorney
In a murder trial, the defense can refute the witness testimony of the prosecution, by various tactics. These witnesses can be questioned about how they were able to witness the murder. How far they were, when the event took place, or what were the light conditions during that time. If the witness was far away or if it was dark, then the testimony can be refuted on the basis that the witness could not have possibly recognized the perpetrator. – Broward criminal defense attorney
Witness testimony can also be presented by the defendant to prove that he or she was nowhere near the site of the crime when the crime took place. Material evidence presented by the prosecution can also be refuted based on its authenticity or finding flaws in the prosecution’s attempt to connect the material evidence to the defendant. – Florida Homicide Defense Attorney
Justifying Deadly Force
Defense for murder can be built around the premise that the deadly force was justified in the particular situation. This defense is appropriate when the defendant was under threat, and the deceased was trying to kill the defendant or commit some felony. The Florida homicide defense attorney can try to establish the following:
- The assailant resisted or fought back an attack, causing the death of the assailant.
- The assailant died when the defendant was trying to protect another person, especially when such a person belongs to a protected class.
- The defendant was fighting back against an assailant who was trying to kill him or her.
- The person was killed when trying to commit a forcible felony on the defendant’s premises.
By William Moore